Jamal Bin Md Yunos Teresa Kok Suh Sim

Jamal Bin Md Yunos Teresa Kok Suh Sim

The appeal was dismissed because the strike out application was filed after the action had been set down for trial and thus suffered inordinate delay warranting dismissal; further, on the merits the claim disclosed a reasonable cause of action and involved factual issues (justification defence and alleged malice) that required trial, so the claim was not obviously unsustainable and was not amenable to summary striking out.

Citation
W-02(IM)-188-02/2020 (Mahkamah Rayuan)
Parties
Appellant/defendant: Jamal Md Yunos; Respondent/plaintiff: Teresa Kok Suh Sim
Court
IM
Jurisdiction
Malaysia
Judgment Date
27 November 2020
Case Number
W-02(IM)-188-02/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (defamation) / Court of Appeal Judgment on Appeal From High Court; Heard 27 November 2020; Judgment 27 November 2020
Outcome
Appeal dismissed; decision of Judicial Commissioner dated 3 January 2020 affirmed
Legal Topics
Strike Out Application, Justification Defence, Qualified Privilege, Delay/inordinate Delay, Prematurity of Civil Action Pending Investigation, Inherent Jurisdiction
Source Language
Malay/English
Defamation Civil Procedure Criminal Procedure (investigation) Strike Out Application Justification Defence Qualified Privilege Delay/inordinate Delay Prematurity of Civil Action Pending Investigation +1 more

Case Brief

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Parties

Jamal Md Yunos

Appellant/defendant

Teresa Kok Suh Sim

Respondent/plaintiff

Procedural Posture

Civil Appeal (defamation) / Court of Appeal Judgment on Appeal From High Court; Heard 27 November 2020; Judgment 27 November 2020

Legal Issues

  1. 1 Whether the defendant's application to strike out the writ and statement of claim should be allowed
  2. 2 Whether there was inordinate delay rendering the strike out application untenable
  3. 3 Whether the defamation suit was premature pending SPRM investigation and thus disclosed no cause of action

Ratio Decidendi

The appeal was dismissed because the strike out application was filed after the action had been set down for trial and thus suffered inordinate delay warranting dismissal; further, on the merits the claim disclosed a reasonable cause of action and involved factual issues (justification defence and alleged malice) that required trial, so the claim was not obviously unsustainable and was not amenable to summary striking out.

Court Disposition

Appeal dismissed; decision of Judicial Commissioner dated 3 January 2020 affirmed

Orders

  • Defendant (appellant) to pay costs of RM7,000.00 to the plaintiff (respondent) (subject to allocator)